NewYork.com – Ultimate Broadway Fan Showdown Contest Official Rules
1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. NewYork.com’s Ultimate Broadway Fan Showdown (the “Contest”) is only open to legal residents of the forty eight (48) contiguous United States (excluding Hawaii and Alaska) and the District of Columbia, who are eighteen (18) years of age or older, except employees of NewYork.com Entertainment Group, LLC (“NewYork.com”), Wildfire Interactive, Inc., NYY Steak, Highgate Hotels, L.P., and ExecuCar, Inc., and their respective parents, affiliates, franchisees, advertising and promotion agencies, affiliated entities, each of their respective employees, officers, directors and agents, and the immediate family members (parent, child, spouse, sibling, and their respective spouses, regardless of where they reside) and household members, whether or not related, of each of the foregoing (the “Eligible Participants”). THIS CONTEST SHALL BE VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW. This Contest is subject to all applicable federal, state and local laws and regulations, and shall be governed by the laws of the State of New York. By entering the Contest, entrants: (1) agree to accept and be bound by all terms of these Official Rules and the decisions of NewYork.com, which are final and binding, (2) agree that New York County courts have jurisdiction over any dispute or litigation arising from or relating to the Contest, and (3) that venue shall only be proper in New York County, New York.
2. HOW TO ENTER. Beginning at 2:00 p.m. Eastern Standard Time (“EST”) on Tuesday, April 7, 2014, through 5:00 p.m. EST on Wednesday, April 30, 2014 (the “Submission Period”), NewYork.com will conduct this Contest. Eligible Participants may enter this Contest by visiting the entry page located at http://www.newyork.com/articles/broadway/enter-broadway-fan-contest-2014-77810/ during and through to the end of the Submission Period, and following the registration and entry procedures (each an “Entry” or collectively the “Entries”). The registration, entry and voting procedures are set forth in Section 3 below. Entries shall not include any indecent, pornographic, discriminatory, defamatory, harassing, offensive, infringing or otherwise objectionable content, or promote illegal activities, or otherwise violate NewYork.com’s terms of service. Entries which fail to meet any of the above requirements shall be voidable in NewYork.com’s sole and absolute discretion. The voting period begins at 9:00 a.m. EST on May 5, 2014, through 5:00 PM EST on May 16, 2014 (the “Voting Period”). Eligible Participants are encouraged to ask their friends to vote for the best Entry and may vote for themselves. Votes may be cast once every 60-minute period. All entries received other than within the Submission Period will be disqualified without exception, including any delay caused by malfunction of any email transmission or internet facilities or mail delivery delay causing late receipt by NewYork.com. Each Entry must be submitted in the name of an individual person and a prize will be awarded to the person whose name is on the winning Entry. The Submission Period and the Voting Period may be collectively referred to as the “Contest Period.”
There shall be a limit of one (1) Entry per individual, and per email address. All Entries received from any individual in excess of the stated limitation shall be voidable at NewYork.com’s sole and absolute discretion. No mechanical reproductions, mailed Entries, facsimiles, mass Entries, Entries generated by a script or macro, or Entries that subvert the entry process will be accepted by NewYork.com, and all such Entries will be deemed void. Released Parties (as defined in Section 6 below) are not responsible for misdirected, inaccurate, incomplete, lost, late, stolen, delayed, undelivered, damaged or garbled Entries, and all such Entries will be deemed void. Released Parties are also not responsible for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability, accessibility or miscommunications, or failed computer, satellite, telephone or cable transmissions, lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or technical, hardware, or software failures of any kind, including, without limitation, errors or problems which may occur in connection with or relating to the Contest, whether computer, network, technical, mechanical, electronic, printing, typographical, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Contest, the processing of Entries, the announcement of the Prize, or in any Contest-related materials. NewYork.com reserves the right, in its sole discretion, to cancel this Contest should any computer virus, malfunction, fraud, tampering, unauthorized intervention or other cause corrupt the administration, security or proper operation of page(s) dedicated to this Contest, and no extension or modification to the Contest Period will be provided in any such instance. In the event of cancellation, NewYork.com reserves the right, but shall be under no obligation, to determine the winner(s) from among all eligible, non-suspect Entries received up to the time of such cancellation. False or deceptive Entries or acts will render the participant ineligible and NewYork.com reserves the right to disqualify any participant who attempts to undermine the legitimate operation of the Contest by tampering with any Contest entry process mechanism, by acting in a disruptive manner, or violating these Official Rules. Any attempt by an individual to deliberately damage any website or the Contest entry process, or to undermine the legitimate operation of the Contest, may be in violation of criminal and civil laws. Should such an attempt be made, NewYork.com reserves the right to seek remedies and damages (including attorneys' fees and court costs) from any such participant to the fullest extent of the law, including criminal prosecution.
3. REGISTRATION, ENTRY AND VOTING PROCEDURES: During the Submission Period, Eligible Participants shall submit their image (the “Image Submission”) on NewYork.com through the directed video submission page and shall provide any information requested by NewYork.com’s image submission forms, including but not limited to first name, last name and email address. From all submissions, NewYork.com, through its agents or representatives, will select thirty finalists that will be presented to NewYork.com’s users on a separate voting page (the “Image Finalist(s)”). During the Voting Period, individuals may sign into the Contest application through either Facebook® or Google+® or as otherwise permitted, and vote for their favorite Image Finalist. Following the Voting Period a potential winner will be decided based on the image that received the greatest number of votes. Should any two or more images have the same number of votes, NewYork.com shall decide the potential winner from such images.
4. WINNER NOTIFICATION: NewYork.com judges will review the Entries and determine whether they conform with the restrictions set forth in these Official Rules. The Entry that received the most amount of votes, will be the potential winner (and, if verified, the “Winner”). The determination of NewYork.com will be final and binding on all Eligible Participants in all matters related to this Contest. The potential winner will be notified by NewYork.com through the e-mail address provided on the potential winner’s Entry. The potential winner must reply within seventy-two (72) hours of date of notification via email, confirming they can accept the Prize and arrange for transportation for the Prize, or an alternate winner may be selected. NewYork.com will not be obligated to make every attempt by every method to contact the potential winner. Noncompliance, refusal, or return of any Prize notification as undeliverable, by automated means or otherwise, will result in disqualification. The potential winner will be required to fulfill all requirements outlined herein. Prize awards are subject to verification of eligibility and compliance with these Official Rules. Upon confirmation of the Winner, an official public announcement will be made. Anyone may obtain the name of the Winner by sending a self-addressed envelope with proper postage affixed with a postmark dated between May 19, 2014 and May 31, 2014, to Entertainment Benefits Group, LLC, 19495 Biscayne Blvd., Ste. 300, Aventura, FL 33180, Attn: NewYork.com - Ultimate Broadway Fan Showdown.
5. PRIZE: The Winner will receive:
(a) One (1) free dinner for two, provided by NYY Steak;
(b) Two (2) Tickets to the Tony Awards Rehearsal (the “Performance”), provided by the Broadway League;
(c) Two (2)-night’s stay for two, to be used on in connection with the Performance, at the Crown Plaza Hotel Times Square, provided by Highgate Hotels;
(d) Limo transportation to and from the hotel and the airport, provided by ExecuCar; and
(e) Roundtrip airfare for two (2), not to exceed $1,000 in the aggregate.
The prizes listed in subparts (a) through (e) above shall be collectively referred to as the “Prize”, with an approximate retail value ("ARV") of Two Thousand, Eight Hundred and Ninety-Eight Dollars ($2,898). Winner must arrange Prize details with NewYork.com within seven (7) days of being announced as the Winner. EXCEPT AS SET FORTH HEREIN, NO AIRFARE OR OTHER TRANSPORTATION WILL BE INCLUDED IN THE PRIZE, AND MUST BE ARRANGED AT WINNER’S SOLE COST AND EXPENSE. No substitutions, transfer of prizes or cash redemptions are permitted by Winner. Any attempt to transfer or refund the Prize, in whole or in part, for cash or otherwise, will deem the Prize void and forfeited. Any cost or expense associated with rescheduling travel, lodging, or the entertainment itinerary shall be borne entirely and solely by Winner. Any difference between stated value and actual value will not be awarded. NewYork.com reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value. Winner is solely responsible for all expenses associated with their Prize acceptance, and any other expenses relating to the Prize, including ground transportation and meals. The Winner is solely responsible for the reporting and payment of all federal, state and local taxes incurred by acceptance and use of their Prize (or any portion thereof), if applicable. The Prize is awarded “as is” with no warranty or guarantee, either express or implied by NewYork.com. All other Prize details are at NewYork.com’s discretion. The Winner may be asked to share details of their trip through the NewYork.com social media; however, winning is not contingent on sharing any details of the experience.
In order to claim the prize, Winner must meet all eligibility requirements, and must execute and return certain documents provided by NewYork.com or its Sponsors (as may be applicable), which may include an affidavit of eligibility, form W9, tax acknowledgment form, liability release and, except where prohibited by law, a publicity release. Winner may be required to produce proof of identity, address and birth date in a form acceptable by NewYork.com. Such documents must be completed in full and returned within five (5) business days of date of issuance either via email or US registered mail, as further requested and instructed by NewYork.com. Failure to do so or if (i) any prize or prize notification is returned as undeliverable or NewYork.com is unable to contact a potential winner within a reasonable time period, (ii) a potential winner declines his or her prize, or (iii) a potential winner is determined to be ineligible or non-compliant with these Official Rules for any reason, will result in disqualification of such potential winner and an alternate winner may, but need not, be selected from among all remaining eligible Entries, at NewYork.com’s sole discretion. In the event an alternate winner cannot be determined the Prize will not be awarded.
NewYork.com, and its respective parents, subsidiaries, affiliates, advertising and promotion agencies, prize providers, affiliated entities and their designees, and each of their respective employees, officers, directors and agents (collectively, the “Released Parties”) expressly disclaim any responsibility, and Eligible Participants agree to hold the Released Parties harmless from liability, for any injury, disability or loss to any person or property (including death) relating to or caused in whole or in part, directly or indirectly by participating in this Contest or creating their Image Submission, the acceptance, use or misuse of any of the prizes or services awarded, and claims based on copyright, trademark, publicity rights, defamation, or invasion of privacy. The Released Parties are also not responsible for any loss (financial or otherwise), injury or damage to persons or property which may be caused directly or indirectly, in whole or in part, from downloading or the submission of any material to this Contest, including but not limited to the Image Submission. The Released Parties further assume no liability for the cancellation or premature conclusion of the Contest for any reason or through the acts or defaults of any company or person providing any prize. All such losses or expenses must be borne by the affected participants. TO THE EXTENT PERMITTED BY LAW, ALL JUDGMENTS OR AWARDS TO PARTICIPANTS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET DAMAGES (EXCLUDING ATTORNEYS’ FEES) ASSOCIATED WITH PARTICIPATION IN THIS CONTEST, AND SHALL NOT INCLUDE ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR MULTIPLE DAMAGES. ALL PARTICIPANTS HEREBY WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY CAUSE OF ACTION DIRECTLY OR INDIRECTLY INVOLVING THE TERMS, COVENANTS, OR CONDITIONS OF THIS CONTEST AND THE OFFICIAL RULES THEREFOR.
7. OFFICIAL RULES REQUEST: For a copy of the Official Rules, send a self-addressed, stamped envelope to the following address during the Contest Period: Entertainment Benefits Group, LLC, 19495 Biscayne Blvd., Ste. 300, Aventura, FL 33180, Attn: NewYork.com - Ultimate Broadway Fan Showdown. Requests received after the Contest Period will not be honored. Vermont residents may omit return postage on Official Rules requests.
8. DISCLAIMER: This promotional Contest is in no way sponsored or endorsed by Twitter, Inc., Facebook, Inc., Google, Inc., Wildfire Interactive, Inc., YouTube, LLC or Instagram, Inc.
9. SPONSORS: NYY Steak, Highgate Hotels, ExecuCar, Inc., and the Broadway League/Tony Awards.